8th amendment

Sandi Villarreal 7-18-2012
Warren Hill. Image via the Georgia Department of Corrections.

Warren Hill. Image via the Georgia Department of Corrections.

Despite protests not only from jurors who conivicted him but also from his victim’s family, Warren Hill, a 52-year-old mentally disabled man convicted of murder, is scheduled to be executed by lethal injection on July 23 in Jackson, Ga.

In 1991, a jury found Hill guilty in the bludgeoning to death a fellow inmate, Joseph Handspike, and sentenced him to death. Hill had been serving a life sentence for the 1986 killing of his girlfriend at the time of Handspike's death.

Hill has an I.Q. of about 70, leading a state judge to find him "mentally retarded" by a “preponderance of the evidence.”

While Georgia — as the rest of the United States — has banned the execution of mentally retarded inmates, the state has a stricter standard that requires proving mental retardation “beyond a reasonable doubt.” By that standard, the Georgia Supreme Court overruled the judge's finding of mental retardation, reversed the decision, and reinstated Hill’s death sentence, which originally had been set for today.